This Wondershare Software End User License Agreement (Agreement or License or EULA) is between the end user(hereinafter referred to as You or Licensee), and Wondershare Software Co., Ltd., Shenzhen Wondershare Information Technology Co., Ltd and its subsidiary Wondershare Software (H.K.) Co., LIMITED (collectively referred to as Wondershare, or Licensor), the developer and owner of the program and software (hereinafter referred to as Licensed Software or Wondershare Software or Software).
IMPORTANT: By installing the Software, you are agreeing to be bound by the following terms and conditions of this agreement.
Please read this agreement carefully before downloading or installing the software. Top attention should be paid to such clauses including but not limited to Article 5, 6, 14, 15, 16 in special font. If you disagree with or have any questions concerning this END USER LICENSE AGREEMENT (EULA), please contact Wondershare. Any installing, copying, accessing, or using the Licensed Software by you (the "Licensee") constitutes an acceptance of, and a promise to comply with, all the terms and conditions of this EULA.
TERMS AND CONDITIONS:
1. LICENSED SOFTWARE
The "Licensed Software" includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including but not limited to:
2. GRANT OF THE LICENSE
Subject to the terms and conditions of this Agreement, Wondershare hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on two separated computers solely for your personal, private and non-commercial use, unless you have purchased a commercial license from Wondershare. Sharing the Software with others, or allowing others to view the contents of this Software, is in violation of the License. You may not make the Software available over a network, or in any way provide the Software to multiple users, unless you have purchased a multi-user license from Wondershare in advance.
3. LICENSE RESTRICTIONS
Licensee may install one copy of the Licensed Software on a single computer. The Licensee must be the primary user of the computer on which the Licensed Software is installed. This Agreement shall apply to all installations of the Licensed Software. Installation of the Licensed Software on two or more computers is prohibited. The Licensee may purchase and install multiple licenses if Licensee wants to install software on two or more computers. Licensee shall be solely responsible for all expenses incurred in Licensee's installation and use of the Licensed Software.
5. SOFTWARE IMPROVEMENT PROGRAM
Wondershare is committed to helping protect your privacy at all times except as otherwise provided in this Agreement. This statement explains the anonymous data collection process and usage practices for the Software Improvement Program of Wondershare.
In order to provide and improve the software, its features, and user’s good experience, we will automatically collect, maintain, process and use information concerning the way the various modules and functionalities of Wondershare software are being used. Information is also gathered anonymously for the purpose of statistical analysis about Software usage.
We will only use such information for the purpose of providing end users with the best possible software experience. The collected data will not be disclosed, shared, sold, traded or rented to any third parties for marketing purposes. For users who do not wish to enable this service, you may opt-out in the advanced options menu during the installation process.
The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee's ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, for a finite number of computers and for a defined period in time designated by the purchased License. The Licensed Software may require activation during installation and in the Documentation. If any of such applicable activation procedure(s) is not followed, the Licensed Software may only operate for a finite period of time. If activation is required, but the Licensee doesn’t complete activation within the finite period of time set forth in the Documentation or explained during installation, the Licensed Software will cease to function until activation has been completed, by which time functionality will be restored. If Licensee has any problem with the activation process, Licensee may contact the Licensor customer service for support.
7. EVALUATION COPY
Licensee may be granted an evaluation copy of the Licensed Software free of charge for a finite period of time (the "Evaluation Copy"). Certain features and/or functionality of the Licensed Software may be locked or unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the Licensed Software, Licensee have to purchase a valid license activation key. From the moment that Licensee activates Licensed Software with a valid license key, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety.
This License is effective until terminated. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof immediately after the termination of the License.
9. LICENSE TRANSFER
Licensee may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer the Licensed Software or the License granted by this EULA without prior written consent of the Licensor.
10. SOFTWARE UPDATES
Licensor may provide Licensee with Software Updates and/or Content Updates from time to time at no charge during the Term of this Agreement. For the purposes hereof, "Update" means a new version of the Licensed Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by Licensor to improve or to add, delete or otherwise modify any aspect of the Licensed Software. "Content Update" shall mean an update of the content used by the Licensed Software that might need to be updated from time to time. If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any update provided by the Licensor to Licensee is made on a License exchange basis such that Licensee agrees, as a precondition for receiving an Update, that Licensee will terminate all of Licensee's rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, the Licensor may cease service or support for prior versions, without any notice to Licensee. Software Updates and/or Content Updates may be provided via the Licensed Software or on the Licensor websites. This License does not otherwise permit Licensee to obtain and use a Software Upgrade and/or a new Licensed Software version. The Licensed Software may require Content Updates in order to work effectively.
11. INTELLECTUAL PROPERTY OWNERSHIP
The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Licensed Software. Licensee may not make or publish any public statement concerning the Licensed Software or the Licensor without the prior express written consent of the Licensor.
The Licensor is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may request additional support services for an additional charge or get free e-mail support as the Licensor may offer from time to time during the term of this EULA. E-mail support includes business priority technical assistance for installation and troubleshooting, and upgrade and maintenance coverage.
Subject to the terms and conditions stipulated in Article 8, Wondershare shall be entitled to terminate this EULA effective immediately upon serving written notice on the Licensee in the following circumstances; if Licensee commits a material breach of any of its obligations under this EULA which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this EULA which is not remedied within fifteen (15) calendar days after receipt of a notice from Wondershare. Termination of this EULA shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination.
14. NO WARRANTY ON LICENSED SOFTWARE
THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE "AS IS." THE LICENSOR, AND THE LICENSOR SUPPLIERS, AFFILIATES, AGENTS, EMPLOYEES MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR, AND THE LICENSOR AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.
YOU EXPRESSSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF WONDERSHARE SOFTWARE IS AT YOUR SOLE RISK， AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WONDERSHARE OR AN AUTHORIZED REPRESENTATIVE SHALL CREAT WARRANTY.
15. LIMITATION OF LIABILITY
IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR’S AFFILIATES, ITS EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR’S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AGENTS UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE LICENSED SOFTWARE, IF ANY.
LICENSEE WILL INDEMNIFY AND HOLD LICENSOR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATING TO LICENSEE’S USES OF THE LICENSED SOFTWARE FROM ANY THIRD PARTY. LICENSEE’S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
17. END-USER GENERATED CONTENT
The Licensed Software enables the Licensee to enter content that will be stored on the computer on which the Licensed Software is installed (such content shall be referred to herein as the "End-User Generated Content"). Licensee is solely responsible for Licensee's use, storage and disclosure of the End-User Generated Content. Licensee may only use the End-User Generated Content responsibly, in a manner consistent with the exercise of good judgment. As PDF software, the Licensed Software will permit the Licensee to enter, copy, edit Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store or disclose any such information without the express consent of the individuals to whom it relates. If Licensee is having difficulty deciding whether Licensee's intended use is appropriate, or whether Licensee needs written permission, or whether other legal issues should be considered, the Licensor strongly encourages Licensee to seek competent legal counsel. The Licensor will not assist Licensee in making this determination, nor can the Licensor provide Licensee with legal advice as to intellectual property rights or privacy laws.
Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.
If Licensee or Licensee's attorney determines that Licensee is required by law to obtain written permission to use portions of the End-User Generated Content, Licensee must request permission for reproduction, redistribution, or modification of the Content from the appropriate owner of the subject materials (as may be cited in the Licensed Software). If, on the other hand, Licensee or Licensee's attorney determines it is permissible to proceed and include End-user Generated Content from the Licensed Software, the Licensor asks Licensee to correctly designate the Licensor trademark(s) when referring to the Licensed software in the notice or copyright portion of Licensee's paper, project, or product. Licensee shall indemnity, hold harmless, and defend the Licensor and the Licensor suppliers from all claims, damages, attorneys' fees, costs, and lawsuits that arise from, or result from, Licensee's use or distribution of any and all Content and its use of the Licensed Software.
18. EXPORT CONTROL
You may not use or otherwise export or re-export the licensed software to any countries or territories sanctioned by the United Nations or the USA. By using the licensed software, you represent and warrant that you are not located in any such countries.
19. GOVERNING LAW AND DISPUTE RESOLUTION
This agreement will be governed by the laws of the People's Republic of China without giving effect to the conflict of laws. Any disputes arising out of or in connection with this agreement shall be settled by the Shenzhen Court of Arbitration in according with its effective rules to the extent not prohibited by local law in your jurisdiction.
20. MISCELLANEOUS PROVISIONS
Either party's failure to to exercise any of its rights or responsibilities shall not constitute or be deemed to be a waiver or forfeiture of any such rights.
If for any reason a court of a competent jurisdiction finds any provision or portion thereof, to be unenforceable, illegal, the remainder of this agreement shall continue in full force and effect.
Wondershare may update this agreement from time to time, you are considered to accept such update if you keep using the Software. If you can not accept the updated agreement, you may choose to terminate this agreement according to Article 8. Under such circumstance, Wondershare will not bear any liabilities or expenses to you.
ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.